Indian Penal Code, 1860, Section 302 -- Murder - Accused acquitted - Suo moto notice - Maintainability - Issuance of suo moto notice by High Court against acquittal by trial Court u/s 302 IPC cannot be said to be bad or faulted as High Court has such power - Course adopted thereafter is different question...........
Indian Penal Code, 1860, Section 302 -- Murder - Prosecution contended that deceased was hit from the front side of the van of accused and deceased dragged to a distance of more than 400 meters - However, there is no blood on the vehicle on front side - Injuries found on the body of deceased did not support the prosecution version - Gap between van and road was only 6..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Occurrence ensued without any pre-mediation on the spur of moment when deceased under the influence of liquor caught hold of the hand of woman accused - Deceased suffered 18 injuries on his body - Injuries were caused by six persons out of whom four were acquitted and one died during pendency of..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Property dispute - Prior enmity between parties - Two accused persons fired on deceased and injured witnesses - Four empty cartridges of DBBL gun recovered from place of occurrence which was assigned to accused `D' (since died) - No empty cartridges recovered which was said to be used by country made pistol assigned..........
Indian Penal Code, 1860, Section 363, 365, 376(2)(f), 302, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder of 8 years old mentally and physically retarded girl - Accused after brutally raping victim girl, hit her head against motorcycle and then used a stone to smash her head and tried to flee that very night itself - Police..........
Indian Penal Code, 1860, Section 363, 365, 376(2)(f), 302, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder of 8 years old mentally and physically retarded girl - Rarest of rare case - Death sentence - Accused after giving a chocolate to a young girl aged 8 years having permanent disability of 70% and I.Q of 50%, kidnapped her..........
Indian Penal Code, 1860, Section 302, 304I -- Nature of offence - Sudden fight took place between accused and deceased when they came back from village - Accused challenged the deceased to come out from his vehicle and to have a duel with him - Deceased was stabbed by accused with khukhari (weapon of offence) - Act of accused was not premeditated - However, accused had..........
Indian Penal Code, 1860, Section 354, 302, 404 -- Outraging the modesty of woman and murder - Accused alleged to have killed deceased after molesting her and dishonestly misappropriated property belonging to her - Evidence on record shows that accused had an evil eye upon deceased and also winked and teased her on previous occasions - Medical evidence shows that there was..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of `lathi' & wrist watch - It is highly improbable that lathi allegedly used in commission of offence was recovered inside the room of accused openly making no attempt to hide it - No human blood was detected by FSL on said lathi thus, said recovery becomes doubtful - So far as wrist watch of deceased is concerned..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence is not supported by any other evidence - No plausible explanation from prosecution as to why recovered articles were not deposited in Malkhana immediately - Accused caught wearing the blood stained `bandi' but it is highly improbable that he would kept wearing it throughout the..........
